Supreme Court To Weigh If Bad Counsel Excuses Claim Default

Law360, New York (October 29, 2012, 6:17 PM EDT) -- The U.S. Supreme Court on Monday agreed to hear a case that questions whether the inadequacies of a criminal defendant's state court counsel can excuse the procedural default of a claim in federal court.

The high court agreed to hear the first question of Texas death row inmate Carlos Trevino’s petition, which addresses whether the default of ineffective-assistance-of-trial-counsel claims can bar a federal habeas court from hearing those claims under the court's March ruling in Martinez v. Ryan.

An attorney for Trevino said Monday that while...
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